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(A) A person who operates or causes to be operated a sexually oriented business which exhibits on the premises, in a viewing room of less than 150 feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements.
(1) Upon application for a sexually oriented license, the application shall be a accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit, if granted, will be conspicuously posted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object, and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without prior approval of the city.
(4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this division (A)(5) must be by direct line of sight from the manager’s station.
(6) It shall be the duty of the licensee to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(1) above.
(7) No viewing room may be occupied by more than one person at any time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level.
(9) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(11) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(12) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The licensee shall cause all floor coverings in booths to be non-porous, easily cleanable surfaces, with no rugs or carpeting.
(14) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, non-porous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(15) It shall be the duty of the licensee to ensure that the display of materials and devices to be sold or viewed on the premises of a sexually oriented business or activities or entertainment which occurs within the premises of a sexually oriented business is not subject to public view through windows, entrances or other openings. Failure to prevent viewing of displayed materials, devices, images, activities or entertainment from outside a building licensed as a sexually oriented business constitutes a violation of this chapter.
(B) A person having a duty under divisions (A)(1) through (A)(14) above violates this chapter if he or she knowingly fails to fulfill that duty.
(Ord. 2012-2, passed 4-3-2012) Penalty, see § 111.99